2016 BPC Update 287-2731 www.thinkfirstspraylast.org - - PowerPoint PPT Presentation

2016 BPC Update 287-2731

www.thinkfirstspraylast.org pesticides@maine.gov

What I plan to cover

Rule and staff changes Ag Basic reminder Storm water sampling

results

Pollinator protection plan Upcoming WPS changes

Who’s your inspector?

 Amanda Couture—Midcoast  Eugene Meserve—Southwest  Heidi Nelson—Downeast  John Haley—Aroostook County  Central Maine—Currently

vacant, but will be filled for the upcoming season

New BPC rules & policies

 New licensing/certification periods and subsequent

credit requirement changes

 Exam fail wait time has changed

Exam fail wait time

 Board changed the exam fail

wait time

 Before it was

 14 days first exam fail  30 days subsequent exam fails

 Now it is

 6 days for any exam fail

Private Applicator of General Use Pesticides—Agricultural Basic License

 Public Law 2011, Chapter 169

requires anyone producing and selling over $1,000 worth of agricultural plants or plant products/year for human consumption to obtain a pesticide applicator license by April 1, 2015

 Growers must obtain an

Agricultural Basic, or

 Private Pesticide Applicator license

Storm water sampling

 BPC took samples from storm

water outflows

 To the right are the active

ingredients and number of samples with detects

2,4-D

7

Bentazon

1

Carbaryl

1

Hexazinone

6

Hydroxy Atrazine

1

Imazapyr

3

Imidacloprid

14

MCPA

4

MCPP

5

Metolachlor

2

Prometon

2

Propiconazole

1

Terbacil

3

Triclopyr

2

Pollinator Protection

• Bee kills are in the news!

Legislators are asking for bans

• r moratoriums all over the

country

• EPA is adding pollinator

protection statements to labels

• Growers must be extremely

careful

• If crop/weeds in the target area

are flowering (or will be soon)

• r there are flowering plants

nearby – think about what you’re doing!

Portland, Oregon

Protect Bees and Other Pollinators

 Mow blooming weeds before

treatments

 Reduce drift  Apply early or late

when most pollinators are not foraging

Pollinator protection plan

 The DACF developed a

pollinator plan

 It is based on the North

Dakota plan

 It stresses voluntary measures

such as education, BMPs and communication

 It does not contain any new

regulatory requirements

WPS Background

11

Original WPS Rule

When: Est. in 1992 What: Improve

• ccupational protections

Who: Ag workers and pesticide handlers.

Why?

 Eliminate or reduce

agricultural employee exposures to pesticides

 Mitigate exposures that

• ccur

 Inform employees of

pesticide hazards

Importance of Hazard Communication

Businesses Responsible

 Agricultural employers

• n crop-producing

establishments

 Commercial pesticide

handling establishments

Employees Covered

 Farmworkers – work in

the fields to harvest and cultivate

 Pesticide handlers – mix,

load, and apply pesticides for use on crops

 Other persons present

during pesticide applications

WPS Implementation Timeline

 January 2, 2017—

Compliance required for:

 Most of the revised WPS

requirements

WPS Implementation Timeline

 January 1, 2018—

Compliance required for:

 Worker/handler

training

 Pesticide safety

information display

 Application exclusion

zone

Pesticide Labeling & WPS

 Pesticide Labeling

 Length of REI  What PPE must be worn

 WPS

 How to notify workers

about the REI (oral or posting)

 Providing, maintaining,

and ensuring proper fit

• f PPE

"You idiot! I said get the room freshener! That's the insecticide!"

WPS Revisions

19

Public Comments

 Nearly 2,400 comments

received

 Commenters

 farmworker advocacy  pesticide manufacturers  grower groups  applicators  state and tribal lead agencies  general public – write in

campaigns

20

Key Points Contained In Revisions

 Retained and expanded exemption for farm owners

and immediate family members - over 520,000 agricultural establishments largely unaffected by most WPS provisions

 Delayed compliance dates to give farmers and States

time to become familiar with new requirements and prepare for implementation

 Compliance with most new requirements by Jan 2, 2017  Compliance with all requirements by Jan 1, 2018

21

Goals of the Revised WPS

 Align protections more

closely with OSHA regulations

 Reduce acute exposure  Improve understanding  Address stakeholder

concerns

Pesticide Safety Training

Revision

 Pesticide training every year  Expand training content

[Delayed implementation]

 Require recordkeeping of

training for 2 years

 Provide worker or handler a

copy upon request

 No “grace period”  Keep certified applicators as

trainers

 Train-the-trainer programs

must be approved by EPA

23

Notification

Revision

 Post outdoor treated areas when REI is

greater than 48 hours (4 Hr REI for indoor)

 Oral or posted notification (unless label

specifies both) for all other

 Early-entry workers must be provided PPE &

• ral notification of:

 information about the pesticide application  specific task to be performed  amount of time that the worker is allowed to

remain in the treated area

 the PPE required by the label

24

Hazard Communication

Revision

 Hazard information includes the

application-specific information and the pesticide safety data sheets (SDSs)

 Post hazard information at central

display for 30 days after REI expires and retain for 2 years

 Access available from display period

through retention to:

 Employee (upon oral or written

request)

 Treating medical personnel and

persons working under their supervision (oral or written request)

 Designated representative (written

request only)

25

Pesticide Safety Information

Revision

 Safety information

displayed at central location and certain decontamination sites

 Additional information

required on display

[Delayed implementation]

26

Minimum Age for Handlers and Early-Entry Workers

Revision

 Requires a minimum age of

18 for pesticide handlers and early entry workers (who enter field during restricted- entry interval (REI))

 Members of owner’s

immediate family are exempt from this requirement

 No minimum age in WPS for

workers entering field after REI expires

27

Respirators

Current

 Employers must provide Personal

Protective Equipment (PPE) required by labeling & ensure respirator fits correctly

Revision

 Adopts by reference a subset of

OSHA’s standard for respirators (including filtering facepieces) - fit test, medical evaluation, training

28

Exceptions to Personal Protective Equipment Requirements

Current

 Handlers can reduce PPE if a closed

system is used. Current rule description requires “no pesticide escape”

 Handlers can reduce PPE when in an

enclosed cab under certain conditions. Exception to wearing respirator allowed only if cab is certified by manufacturer to provide protection equivalent to the labeling-required respirator.

29

Exceptions to Personal Protective Equipment Requirements

Revision

 Establishes a performance standard

for closed systems modeled on CA proposal

 For enclosed cabs, maintain same

exception for dermal PPE. Handlers in enclosed cabs must wear respirators identified on label, except for particulate filtering facepiece respirator (dust/mist filtering respirator)

Exceptions to Personal Protective Equipment Requirements

Current

 Crop advisors and their employees entering treated area during

REI may wear early-entry PPE instead of handler PPE.

 Different than exemption from certain requirements for certified

crop advisors and their employees

Revision

 Crop advisors and their employees entering treated area during

REI may wear early-entry PPE or standard PPE instead of handler PPE.

 Coveralls, shoes plus socks, gloves made of any waterproof material

and (if required by label) eye protection

31

Application Exclusion Zones in Outdoor Production

Current

 During pesticide

applications, workers and

• thers are prohibited from

being in:

 The treated area - for

farms and forests

 The treated area and

areas adjacent to treated areas (entry-restricted areas) – for nurseries

32

Treated area (green) Entry-restricted area (purple)

Application Exclusion Zones in Outdoor Production

Revision

 Establishes application exclusion zones

(AEZ) based on distance from the application equipment for farms and forests, also applies in nurseries

 Agricultural employers must keep workers

and other persons out of the treated area & AEZ that are WITHIN the boundary of the establishment owner’s property

 Handler must suspend application if persons

are in AEZ. Requirement to suspend application is NOT limited by the boundary

• f the establishment owner’s property

[Delayed implementation]

33

Treated area (green) Application exclusion zone (purple)

Decontamination Supplies

Current

 Employers must provide “sufficient amount of water so

that the workers/handlers may wash thoroughly” Revision

 Provide 1 gallon of water for each worker and 3 gallons

for each handler and each early-entry worker; measured at the beginning of the work period

34

Decontamination Supplies

Current

 If handler is using a product that requires eye protection,

• ne pint of water must be immediately available to each

handler Revision

 If handler is mixing/loading a product that requires eye

protection, eyeflush water must be immediately available at the mix/load site for handler eye flushing

 If applicator is using a product that requires eye protection,

• ne pint of water must be immediately available to each

applicator

35

Emergency Assistance

Current

 Employers must provide

“prompt” transportation to an emergency medical facility for workers or handlers who may have been exposed to pesticides

 Upon request, employers must

provide certain information, if available, to the exposed person or medical personnel

36

Emergency Assistance

Revision

 Retain “prompt” for provision

• f transportation

 Require employers to provide

for each product the SDS and specific information about the product, as well as the circumstances of the application and exposure, to treating medical personnel

37

Definitions

 Added definitions to rule for the following terms:

 Application exclusion zone, closed system, commercial pesticide

handler employer, designated representative, employ, enclosed cab, enclosed space production, labor contractor, outdoor production, personal protective equipment, safety data sheet, use and worker housing area

 Revised the following key definitions:

 Agricultural establishment, agricultural plant, handler, immediate

family and worker

 Deleted the following definitions:

 Commercial production (proposed), entry-restricted area

(proposed), farm, forest, forest operation (proposed), greenhouse and nursery

38

Definitions

 Employ means to obtain, directly or through a labor

contractor, the services of a person in exchange for a salary

• r wages, including piece-rate wages, without regard to who

may pay or who may receive the salary or wages. It includes

• btaining the services of a self-employed person, an

independent contractor, or a person compensated by a third party, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.

39

Definitions

 Immediate family is limited to the spouse, parents,

stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” means the child of a parent’s sibling, i.e., the child of an aunt or uncle.

40

Major Changes Summarized

 Safety training – annual  Recordkeeping for safety training

– 2 years

 Expanded content in safety

training

 Post treated areas with REI > 48

hours

 Oral notification for early-entry

workers

 Respirator fit test, medical

evaluation, training (same requirement; scope changed)

41

Key Changes between Current and Revised Final Rule

42

Outreach and Implementation Plan

43

Implementation Timeline

Date Milestone

September 28, 2015 Revised WPS final rule signed and announced. November 2, 2015 Revised WPS final rule published in the Federal Register. January 1, 2016 Revised WPS final rule becomes effective. [Compliance is required with existing WPS during 2016.] January 2, 2017 Compliance is required with most of the revised WPS requirements. January 1, 2018 Compliance is required with all of the revised WPS

• requirements. Last three requirements:
• Cover new content in worker and handler training
• Include new content on pesticide safety information

display

• Handlers suspend applications if anyone is in the

application exclusion zone.

44

Outreach and Implementation

 Education: webinars,

presentations, training, state courses

 Educational resources: fact

sheets, comparison tables, How to Comply Manual

 WPS worker and training

materials

 BPC staff: Inspectors and all

• ther staff members will be

available to answer your questions

45

More Information?

 Web site:

http://www2.epa.gov/pestici de-worker-safety

 Gary Fish,

gary.fish@maine.gov

 Megan Patterson,

megan.l.patterson@maine.gov

 Handouts provided

46

That’s All Folks

Questions